Could Elon Musk lose US citizenship over alleged immigration lies?

A report from The Washington Post suggests that Musk may have worked in the US illegally in the 1990s

Elon Musk, the billionaire tech mogul and influential social media voice, could face revocation of his United States citizenship and possible criminal charges if evidence shows he misrepresented information to government officials during his immigration process, legal experts told Wired.

 

Musk, originally from South Africa, moved to Canada before eventually relocating to the US, where he became known not only for his technological innovations but also for his outspoken stance on immigration policies. Analysis by Bloomberg shows Musk has made around 1,300 posts on X this year, many touching on immigration and voter issues. Several of these posts reportedly align with the controversial ‘great replacement’ theory, a narrative falsely suggesting that Democratic policies seek to replace white voters with immigrants.

 

 

New questions have surfaced about Musk’s immigration journey. The Washington Post recently reported that Musk may have worked without authorisation in the 1990s after entering the US on a student visa. The investigation, referencing former colleagues, court documents, and business records, indicates Musk arrived on a student visa in 1995 but did not enroll at Stanford University. Instead, he focused on founding Zip2, an early tech venture. According to Zip2 board member Derek Proudian, investors insisted Musk and his brother Kimbal secure work permits within 45 days. “Their immigration status was not what it should be for them to be legally employed running a company in the US,” Proudian told The Washington Post.

 

Musk has denied these allegations, stating he entered on a J-1 student visa, later transitioning to an H1-B work visa. However, a 2005 email reportedly quotes Musk as saying he applied to Stanford “because otherwise [he had] no legal right to stay in the country.” Under US immigration laws, experts note that staying on a student visa without enrolment, while working, would have breached immigration regulations at the time.

 

Legal experts suggest this could, in theory, lead to Musk’s denaturalisation. Stephen Yale-Loehr, a professor at Cornell Law School and director of its Immigration Law and Policy Program, told Wired, “On purely legal grounds, this would justify revoking citizenship.” He said if Musk disclosed unauthorised work during his application, he might not have qualified for an H1-B visa or subsequent citizenship.

Amanda Frost, a law professor at the University of Virginia, explained that failure to disclose visa violations could hinder both green card and citizenship applications. Key immigration forms, such as Form I-485 for green card applications and Form N-400 for naturalisation, require applicants to disclose any unauthorised employment. According to Wired, failing to disclose such details could constitute ‘concealment of a material fact’, which under US law can serve as grounds for citizenship revocation.

 

Despite increased scrutiny by the US Citizenship and Immigration Services in recent years, immigration lawyer Ira Kurzban notes that denaturalisation remains rare, especially for historical cases. Nonetheless, Musk’s citizenship status could have wider implications beyond his personal life. As a government contractor with significant stakes in national security-relevant ventures, any legal action could affect the security clearances of his companies.

 

Legal experts suggest Musk could dispel the controversy by authorising the release of his immigration records, although his legal team has not indicated whether they will take this step.